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2024 ORDINANCE Page 3 of 5 <br /> <br />activity is conducted. <br />F. “Person” means any individual, receiver, administrator, executor, assignee, trustee in <br />bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock <br />company, business trust, corporation, limited liability company, association, society, or any <br />group acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise. <br /> <br />Section 2. Chapter 5.132.040 EMC is amended as follows: <br /> <br />A. Unlawful Acts. <br /> 1. It shall be unlawful for the owner of a Quick Service Facility to serve customers (to <br />operate a Facility) when the owner or any Employee is not in full compliance with the dress <br />requirement. A violation of this requirement is a civil infraction. <br /> 2. It shall be unlawful for a person required to obtain a Quick Service Probationary <br />License under this Ordinance to knowingly operate a Quick Service Facility without having a valid <br />Quick Service Probationary License. A violation of this requirement shall be a gross <br />misdemeanor. <br />B. Civil Infraction Violations including the Quick Service Probationary License Requirement. <br />Civil infractions for violating the Dress Requirement shall be issued against the owner of the <br />Facility by Everett Police and/or Everett Code Enforcement. <br /> 1. First violation. The first infraction issued to a Quick Service Facility shall be a $250 <br />fine assessed against the owner. In addition, the owner shall be required to obtain and maintain <br />a Quick Service Probationary License issued in accordance with Section 4(C) (l) of this Ordinance <br />for five consecutive years following a violation in order to operate a Quick Service Facility at the <br />location where the violation occurred. <br /> 2. Subsequent Violations. If an owner of a Quick Service Facility is operating with a <br />Quick Service Probationary License and the owner or an employee violates the dress <br />requirement, the infraction issued to an owner shall be a $500 fine assessed against the owner. <br />In addition, the owner shall be required to continue to have a Quick Service Probationary <br />License for five years following the subsequent violation to operate any Quick Service Facility at <br />the location where the subsequent violation occurred. If the owner receives two or more <br />infractions while required to have a Quick Service Probationary License, those citations shall <br />serve as grounds for revoking the Quick Service Probationary License pursuant to Section 4(C). <br /> 3. Notice of infraction and of the Quick Service Probationary License requirement. An <br />owner of a Quick Service Facility shall be deemed to have notice of the infraction and of the <br />Quick Service Probationary License requirement if the citation and notice is either mailed to the <br />owner via first class mail to the address provided in the owner's application for a City business <br />license for the Quick Service Facility (provided if there is no application, then notice may be <br />mailed to an address determined by the City to be the owner's) or by having it hand-delivered to <br />the Quick Service Facility's location and provided to the owner, or any employee who is 18 years <br />or older. The notice shall identify the address of the Quick Service Facility, the violation of the